“Products” means and include any goods/ merchandise/ stationary/ UX gear items displayed on the Website and the related description, information, warranties, delivery process etc. “Services” shall include any ImaginXP services offering short term certification course, full-time degree courses in collaboration with the university, corporate workshops, offering courses via virtual university to you.
These are the Terms which you may visit or access on www.imaginxp.com (“Website”). Please read the following Terms carefully as updated on the Website from time to time. In case you wish to visit our Website, the Terms shall govern you for such visit regulating the relationship between Parties. In case you do not agree to the Terms stated here, we would request you to exit this Website. ImaginXP reserve the respective rights to revise these Terms and Conditions at any time by updating this posting from time to time. You agree that they are binding obligations on all users of this Website. You agree that they are binding obligations on all users of this Website. Hence, We request You to kindly visit this page periodically to familiarize and update yourself of the Terms from time to time.
ImaginXP is India’s leading UX Design and Design Thinking organization providing short term certification courses, Undergraduate & Postgraduate degree programs in UX Design, exclusive and unique UX Gears to purchase, conducting corporate workshops for upskilling the global workforce etc. owned and registered under the name of Giggle Galaxy Private Limited. We aim to train aspiring design students about UX Design and Design Thinking through Undergraduate & Postgraduate courses, and short term courses as well. We are currently catering to more than 2000 full-time students at various universities across the country and certified more than 15000 students with our short term certification courses. We also partner with leading corporates to train their workforce on Design Thinking, UX design & other future skills.
All Products/ Services and information mentioned on the Website constitute an “Invitation to offer”. Accessing, browsing or in any way transacting with the Website Services or its Products constitutes an offer which shall be governed as per the Terms. In the case of Website Products, our acceptance of your order will take place once the product purchased is dispatched.
USE OF CONTENT ON THE WEBSITE
All logos, marks, brands, headings, labels, names, signatures, numerals, shapes, illustrations or any combinations thereof, appearing in this Website and its Products/ Services, except as otherwise noted, are properties exclusively owned by ImaginXP. You agree that the use of the exclusive ImaginXP properties or any other content on this Website, except as provided in these Terms, is strictly prohibited.
You agree that the content of this Website cannot be modified or reproduce, display, distribute, or otherwise used in any way for any public or commercial purpose without our written consent.
ACCEPTABLE WEBSITE USE
(A) Security Rules
- You should not access data that is not intended for You or log into the server or account without authorisation.
- You must restrict yourself from attempting to probe, scan or test the vulnerability of Company’s system or network as this can lead to breach of security or authentication measures.
- You must not attempt to interfere and interact with Website Services provided to any other user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mailbombing” or “crashing”.
- You should Sending unsolicited electronic mail, including promotions and/or advertising of products or services.
You agree that the violations of system or network security of our Website may result in civil or criminal liability.
If We have a reason to believe about likely breach of security or misuse of the Website. In that case, We will have the right to investigate occurrences that we have suspected involving such violations. We will have the right to involve, and cooperate with, law enforcement authorities in prosecuting you who may or may not involve in such violations.
You agree that the information provided on the Website is true, accurate, complete and updated information on the Website as and when required. You may not use the Website to transmit, distribute, store or destroy the material or any data/ information (a) that could constitute or promote conduct that would be considered a criminal offence or violate any applicable law or regulation enforced by government, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) transmitting information or data on the Website that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, ImaginXP owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not ), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to ImaginXP without obtaining authorization from it.
You shall not upload post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights. ImaginXP does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of ImaginXP protected by copyright as a collective work under the applicable copyright laws. ImaginXP confirms that We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for Your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ImaginXP and the copyright owner is permitted.
We assure you that if copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made while publishing on the Website. You acknowledge that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks located within or on the Website or third party website which are otherwise owned or operated in conjunction with ImaginXP, shall not be deemed to be in the public domain but rather the exclusive property of ImaginXP. In such case, website is under license from the trademark owner thereof such license is for the exclusive benefit and use of ImaginXP, unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
We respect the intellectual property of others and in case you believe that any copied work has been published on the Website has been copied in any manner that constitutes any violation of Intellectual Property Right, please write to us at email@example.com by way of an email.
You unilaterally agree to defend, indemnify and hold harmless, without objection ImaginXP, its officers, directors, employees, successors, permitted assigns, heirs and agents from and against any costs, claims, actions, liabilities, demands, losses and/or damages whatsoever arising directly from or resulting from their use of our Website or their breach of the Terms. This clause shall survive the termination of this Terms.
The Terms is effective unless and until terminated by either you or ImaginXP. You may terminate this Terms at any time, provided that you discontinue any further use of this Website. We reserve the right to terminate the Terms at any time and may do so without immediately without written notice and accordingly and accordingly deny you access to the Website, such termination will be without any liability to ImaginXP or its affiliates, directors, officers or employee. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Website whether written or oral, as well as all copies of such materials, whether made under the Terms or otherwise. ImaginXP right to any Comments shall survive any termination of this Terms. Any such termination of the Terms shall not cancel your obligation to pay or our obligation to provide the Website services/ products already availed/ ordered from the Website or affect any liability that may have arisen under the Terms.
LIMITATION OF LIABILITY
You agree that neither ImaginXP nor its affiliates, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting directly from the use or/and the inability to use the service or/and for the cost of procurement of substitute products or/and services or resulting from any products or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if ImaginXP has been advised of the possibility of such damages. The Website is provided without any representations or warranties and on “As Is” basis without warranties whether express or implied.
Furthermore, You agree that the Company shall not be liable for any damages resulting from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
You accept that We shall not be responsible or liable to You, or anyone, for the statements or conduct of any third party service. In sum, in no event shall ImaginXP total liability to You for overall damages or/and losses or/and causes of action exceed the amount paid by you to us, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
REVIEW, FEEDBACK, SUBMISSIONS FOR COMMUNICATION:
All developed content concerning reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered by students/ faculty, customers, third-party vendor to ImaginXP on the Website or otherwise disclosed, submitted or offered in connection with your access or usage of this Website (Collectively, referred as “Comments”) shall be and remain the exclusive property of ImaginXP. Any such disclosure, submission or offer of any Comments shall constitute an assignment to ImaginXP with all rights, titles and interests in all copyrights and other intellectual properties in the Website Comments. Thus, We own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments unless authorized.
You agree and confirm that any Comments submitted by You on the Website shall not violate the policy, third party rights or personal rights and will not cause hurt or injury to any third person or entity. Your comment shall not in any manner contain libellous or otherwise unlawful, threatening, abusive r obscene material or contain software viruses, political inclination, commercial solicitation, bulk emailers with false email address or any form of spam.
You hereby confirm that ImaginXP does not regularly edit/ review the Comments, but we reserve the right to monitor/ edit/ remove any Comments submitted on the Website.
GOVERNING LAW AND JURISDICTION:
This Terms shall be construed and governed under applicable laws of India. The courts at Pune, India shall have the exclusive jurisdiction in any proceedings arising out of this agreement.
If any delay or failure is caused by incidents or circumstances beyond Company’s control, we shall not be liable for any delay or failure to perform its obligations. This includes, but is not limited to, acts of God, war, fire, strikes, floods, political events, performing Website services due to technical failure of communications or computer systems, shortage or unavailability of Website products, or extreme weather.
In such circumstances, ImaginXP shall use reasonable endeavours and methods to perform its obligations as soon as is reasonably practicable but accept no liability to compensate you in case any loss or inconvenience arising from such delay or failures described above.
Except where additional terms and conditions are provided which are Website product/ service specific, these Terms supersede all previous representations, understandings, or agreements whether written or oral and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the products/services of the Website, you agree to be bound by the Terms as notified from time to time.
Unless expressly stated, all notices from you must be sent in writing and sent to registered address of our Company as mentioned under “Contact Us” section.
If any of these Terms, or any part of these Terms, is found unenforceable or illegal the same shall be deemed to be invalid from the rest of the Terms, unless a contrary intention and the enforceability of any other of these Terms will not be affected.
These Terms set out the whole forms an entire agreement between You and ImaginXP relating to accessing Website, its Services and Products. You shall have no remedy or rederresal in respect of any breach of representation or warranty that is not laid down in these Terms. You agree that nothing in these Terms excludes or limits our liability for fraud or fraudulent misrepresentation.
You shall not have any right to assign any benefit under these Terms without ImaginXP prior written consent.
If any provision of these Terms appears invalid, unlawful, void, ineffective or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.
No provision of these Terms shall be deemed to be a waiver and no breach excused unless such waiver or consent shall be in writing and signed by ImaginXP. Any consent by ImaginXP to, or a waiver by ImaginXP of any breach by other parties, whether expressed or implied, shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.